Case Law Analysis
|Kerala High Court
Disability Pension | Department Bears Burden of Proof for Service Attributability When Onset Occurs in Peace Station Within 15 Years of Discharge : Kerala HC
The Kerala High Court ruled that the defence department cannot deny disability pension merely because a medical condition originated in a peace station; it must prove the condition is not attributable to or aggravated by military service, especially when the claim is filed within 15 years of discharge. This shifts the legal burden decisively onto the state, empowering veterans with delayed-onset service-related disabilities to seek justice without needing to prove causation themselves.